H.R.T.C. Vs. NISHA KUMARI

JUDGEMENT

(1.) THIS order shall dispose of the abovementioned FAO No. 187 of 193 and the Cross Objections No. 210 of 1996, against he award dated 12-3-1993 passed by the Motor Accident Claims Tribunal, Kangra at Dharamshala, vide which a sum of Rs. 70,000/- was awarded as compensation to Nisha Kumari claimant on account of the injuries suffered by her in a motor vehicular accident.

(2.) THE facts which are relevant for the decision of the abovementioned appeal and the cross-objections are that on February 3, 1992 at about 8 a.m. Nisha Kumari claimant had boarded a bus bearing No. HP-39-1255 belonging to the appellant-Corporation. She had boarded the said bus from village Sarnu and she was to go to Chambi. It was alleged in the petition that when the bus reached Chambi some passengers including the claimant were to alight there and when the claimant was about to alight from the bus, in the meanwhile the conductor of the bus gave a whistle whereupon the driver of the bus accelerated the bus and by that time the claimant had not alighted from the bus. It was alleged that when the driver of the bus accelerated the bus, as a result thereof the claimant fell down from the bus and her leg was fractured and she also sustained injuries on other parts of her body. It was alleged that she was taken to Zonal Hospital, Dharamshala, for treatment, by the driver and conductor of the bus where she was medically examined and was X-Rayed. Report was also lodged with the police. It was alleged that she was studying in Industrial Training Institute, Dharamshala and was getting training as a Steno-typist. It was further alleged that as a result of the accident the claimant had become lame and could not appear in the final BA-III examination and accordingly she claimed Rs. 2,00,000/- as compensation on various counts including loss of one year in her studies and loss of prospects of expected better marriage.

(3.) ON the pleading of the parties, following issues were framed :